• Home
  • Anti-Corruption
  • Fact-Check
  • Economy
  • National
    • Government
  • Security
  • Features
  • State
  • Event
    • PR Nigeria Award
  • E-Paper
Search
  • Home
  • About
  • Adverts
  • Contact
Sign in
Welcome! Log into your account
Forgot your password? Get help
Password recovery
Recover your password
A password will be e-mailed to you.
PRNIGERIA PRNigeria News
PRNIGERIA PRNIGERIA
  • Home
  • Anti-Corruption
    • Chinese nationals jailed in Lagos

      Court Jails Nine Chinese Nationals for Cybercrime in Lagos

      ASUU

      Tackle Corruption, Institutional Decay – ASUU Charges FG

      EFCC Arraigns Bauchi Accountant General Over N8bn Fraud as Court Sentences…

      PRNigeria logo fearured image

      EFCC Arraigns Ex-Convict, Other for Naira Abuse in Lagos

      EFCC Arrests 37 Suspected Internet Fraudsters in Ilorin

  • Fact-Check
  • Economy
    • Comptroller General Nigerian Customs Bashir Adewale

      Nigeria Customs, ICPC and the Audit of Conscience

      Customs Diplomacy: Nigeria, Saudi Arabia Ink Mutual Assistance Deal

      Comptroller General Nigerian Customs Bashir Adewale

      Nigeria, Belarus Forge Alliance to Combat Smuggling, Facilitate Trade

      President Bola Ahmed Tinubu and CG Customs, Bashir Adewale Adeniyi

      Tinubu Hails Customs Boss Wale Adeniyi on Historic Election as WCO…

      WTO Lauds Nigeria Customs for Embracing Global Trade Standards

  • National
    • Ribadu Proposes Reintegration of Military Veterans to Bolster National Security

      DICON signs MoU with Saudi firm

      DICON, Saudi firm sign MoU to produce security drones, satellites in…

      Chief of Army Staff, Lt Gen Faruk Yahaya

      Ex-COAS Urges Reforms in Recruitment, Training of Army, Harps on Prioritisation…

      Prioritise Troops’ Welfare, Mission Over Personal Gain – COAS Charges Army…

      Nigeria’s Growth Numbers Tell Only Half the Story By Umar Farouk…

    • Government
      • Corporate Affairs Commission

        CAC Unveils AI-Powered Registration Portal to Revolutionize Business Registration in Nigeria

        Employment: ICPC Secures Conviction of FAAN Staff

        Staff of PRNigeria with federal lawmakers

        Federal Lawmakers Endorse PRNigeria Fellowship, Pledge Support for Youth Empowerment

        G7 Countries

        Iran Must Never Possess Nuclear Weapons – G7 Declare

        Nigerian Dignitaries, Business Leaders Attend Aminu Dantata’s Burial in Madinah Saudi…

  • Security
    • Police Officer

      Police Foil Bandit Attacks in Katsina, Rescue Victims as Traditional Leader…

      Ribadu Proposes Reintegration of Military Veterans to Bolster National Security

      DICON signs MoU with Saudi firm

      DICON, Saudi firm sign MoU to produce security drones, satellites in…

      Chief of Army Staff, Lt Gen Faruk Yahaya

      Ex-COAS Urges Reforms in Recruitment, Training of Army, Harps on Prioritisation…

      Prioritise Troops’ Welfare, Mission Over Personal Gain – COAS Charges Army…

  • Features
    • Nigeria’s Growth Numbers Tell Only Half the Story By Umar Farouk…

      NYSC Corps Members in Camp

      The Burden Too Many Nigerian Youths Bear Alone

      Combating Deepfake Videos: A Fight for Nigeria’s Soul By Mukhtar Ya’u…

      Domestic Violence

      Marriage and the Silent Wounds Within Homes By Hafsat Ibrahim

      FutureMap Foundation Sparks Innovation with Design Thinking in Nigeria

  • State
    • Police Officer

      Police Foil Bandit Attacks in Katsina, Rescue Victims as Traditional Leader…

      Customs Hands Over N172m Worth of Cannabis to NDLEA in Ogun,…

      Combating Deepfake Videos: A Fight for Nigeria’s Soul By Mukhtar Ya’u…

      IEDs found at the bridge

      Military Foils Terrorists’ Bomb Attack, Discovers 56 IEDs on Marte–Dikwa Bridge…

      Suspected Gunrunner

      Plateau: Troops Nab Suspected Gunrunner, Recover AK-47, Ammunition in Plateau

  • Event
    • President & Chairman of Governing Council, Dr. Ike Neliaku

      NIPR Lauds Nigerian PR Firms for Outstanding Performances at 2025 SABRE…

      SCN NGO signs partnership with PRNIGERIA

      SCN NGO Seals Partnership with PRNigeria to Amplify its Humanitarian Projects

      NELFUND

      NELFUND Warns Students Against Fake Loan Application Portal

      EFCC Witness: Yahaya Bello Had No Property Dealings With EFAB

      Hon. Rukayat Motunrayo Shittu (RMS), with PRNigeria Ladies in PR I'm Abuja

      Rukayat Shittu Set to Publish Inspirational Book “Cracking the Glass Ceiling”,…

    • PR Nigeria Award
  • E-Paper
Home General Court Throws Out Dariye’s Motion on Fraud Trial
  • General

Court Throws Out Dariye’s Motion on Fraud Trial

By
Wilson Uwujaren
-
March 6, 2017
court Judiciary
court Judiciary Justice
EFCC
EFCC

Joshua Dariye, a former Plateau State governor has again lost his bid to scuttle his N1.162 billion fraud trial, preferred against him by the Economic and Financial Crimes Commission, EFCC.

Read Also:

  • Police Foil Bandit Attacks in Katsina, Rescue Victims as Traditional Leader Abducted
  • Ribadu Proposes Reintegration of Military Veterans to Bolster National Security
  • DICON, Saudi firm sign MoU to produce security drones, satellites in Nigeria
Justice Adebukola Banjoko of the Federal Capital Territory, FCT High Court, Gudu, Abuja, on March 6, 2017 threw out his motion seeking for his lordship to be disqualified from the trial.
Dariye, who is facing a 23-count charge for allegedly diverting the state’s Ecological Fund to private companies including Ebenezer Retnan Ventures and Pinnacle Communications Limited, had in January lost in a similar bid, having applied to Justice U.I. Bello, the Chief Judge, CJ of the FCT High Court, accusing the trial judge of “manifest and undisguised bias”, and seeking for the case file to be transferred to another judge.
The CJ threw out the application and ordered Dariye to go and continue with his trial before the judge as his allegation of bias was “baseless”.
At the time Dariye sent his letter to the CJ, dated December 13, 2016 his defence counsel, G.S. Pwul, SAN, also brought two motions to the court, one of which was the one asking the trial judge to “disqualify” his lordship from the case. He had also applied to the court, seeking for the recall of two principal witnesses, Musa Sunday, an EFCC operative who was cross-examined by both the prosecution and defence on January 25, 2016 and Peter Clark, a retired detective constable with the United Kingdom, UK Metropolitan Police, who was cross-examined by both counsels on May 9, 2016.
At the last sitting on March 2, 2017 Pwul, while arguing the applications, contended that it was necessary to recall the witnesses “in relation to new evidence”.
Citing exhibits D6 – D34 as the reasons for the recall,  he further argued that there was need to further cross-examine Sunday as regards transactions between the Plateau State government and Pinnacle Communications Limited. He had also urged the court to summon Clark “in relation to his evidence and investigation activities carried out in the United Kingdom and to confront him with new evidence”.
Prosecution counsel, Adeniyi Adebisi, in his argument contended that the defence was provided with the list of all the witnesses in the proof of evidence, which included the names of the witnesses, which it wanted to bring to the court.  He added that “the defence knew in advance the witnesses to be called by the prosecution and so had adequate time and opportunity to review their statements and all evidence referred to were in existence and available long before Musa Sunday and Peter Clark testified before the court”.
Adebisi further argued that: “Dariye was present at all proceedings and well represented by his counsel who thoroughly cross-examined the two witnesses.” He reminded the court that Clark had retired and during the trial “the defence was never stampeded and the court didn’t force the counsel to conclude his cross-examination”.
He surmised that: “The applications are a ploy to delay the case and the Supreme Court has given directive for expeditious hearing”. He urged the court to dismiss the applications “with substantial cost”.
Justice Banjoko in ruling on the motion seeking for his lordship to be disqualified from the case, said: “I have no interest whatsoever in this case and I have so far presided over the case without fear or favour, and in line with my oath of office and so the motion lacks merit and is accordingly dismissed.”
The trial judge ruling on the second motion, noted that “the defence has called 16 witnesses and is now seeking to reopen prosecution’s case when defence is still going on”, and “the prosecution has already closed its case”.
The trial judge citing several authorities noted that while a recall by a party involved in a case is not out of order, “a recall is permitted only by a trial judge” and based on two facts that the party seeking a recall brings to the court “good enough facts as well as questions he intends to ask the witness which in this instance the defence has not done”.
While dismissing the application seeking for recall of Clark, the trial judge ruled that: “I have carefully considered all the authorities and submissions of counsels and found that Peter Clark the prosecution witness nine, PW9, resides in a territorial jurisdiction outside of Nigeria and in his oral testimony he stated that he retired on 9 March 2015, and came to Nigeria on his own freewill to see to the end of an investigation he started and the court can see that the witness was extensively cross-examined by the defence and the defence was not curtailed or prevented and so had maximum advantage to cross-examine him.”
The trial judge noted that Clark was a master of his own time and there was nothing to hold that he still resides in the UK since his retirement and moreover, he was not wa”compellable witness”.
“The application is hereby denied and accordingly dismissed,” the trial judge held.
Justice Banjoko while adjourning to March 16, 2017 “for defence to continue”, however acceded to the request of the defence to recall Sunday for “further cross-examination in the interest of justice” and because he still resides in the “territorial jurisdiction of Nigeria”.
Wilson Uwujaren
Head Media & Publicity
6 March, 2017

—

PRNigeria encourages institutions to be transparent in their information management as it provides news items from authoritative sources for free use by the media
VISIT OUR OTHER WEBSITES
PRNigeria.com EconomicConfidential.com PRNigeria.com/Hausa/
EmergencyDigest.com PoliticsDigest.ng TechDigest.ng
HealthDigest.ng SpokesPersonsdigest.com TeensDigest.ng
ArewaAgenda.com Hausa.ArewaAgenda.com YAShuaib.com
  • TAGS
  • FCT High Court
  • G.S. Pwul
  • Joshua Dariye
  • Justice Adebukola Banjoko
Previous articleNCC Insists on Quality Service from Telecom Operators
Next articleOil Theft: Military Destroys 80 Illegal Refineries
Wilson Uwujaren
Wilson Uwujaren
https://prnigeria.com
PRNigeria is the pioneer Press Release Distribution agency in Nigeria. A member of image Merchant Promotions limited, PRNigeria encourages individuals and organisations to be more transparent in their information management. with dedicated Editorial staffs, the PRNigeria ensures that information provided on its platforms are timely, factual and authoritative Read more at: //prnigeria.com/about/
Facebook Twitter

RELATED ARTICLESMORE FROM AUTHOR

Police Officer

Police Foil Bandit Attacks in Katsina, Rescue Victims as Traditional Leader Abducted

Ribadu Proposes Reintegration of Military Veterans to Bolster National Security

DICON signs MoU with Saudi firm

DICON, Saudi firm sign MoU to produce security drones, satellites in Nigeria

Chief of Army Staff, Lt Gen Faruk Yahaya

Ex-COAS Urges Reforms in Recruitment, Training of Army, Harps on Prioritisation of Troops’ Welfare

Prioritise Troops’ Welfare, Mission Over Personal Gain – COAS Charges Army Commanders

Nigeria’s Growth Numbers Tell Only Half the Story By Umar Farouk Bala

NYSC Corps Members in Camp

The Burden Too Many Nigerian Youths Bear Alone

Corporate Affairs Commission

CAC Unveils AI-Powered Registration Portal to Revolutionize Business Registration in Nigeria

Employment: ICPC Secures Conviction of FAAN Staff

Customs Hands Over N172m Worth of Cannabis to NDLEA in Ogun, Commissions 13 New Patrol Vehicles

Combating Deepfake Videos: A Fight for Nigeria’s Soul By Mukhtar Ya’u Madobi

IEDs found at the bridge

Military Foils Terrorists’ Bomb Attack, Discovers 56 IEDs on Marte–Dikwa Bridge in Borno

LEAVE A REPLY Cancel reply

Log in to leave a comment

Recent Posts

  • Police Foil Bandit Attacks in Katsina, Rescue Victims as Traditional Leader Abducted
  • Ribadu Proposes Reintegration of Military Veterans to Bolster National Security
  • DICON, Saudi firm sign MoU to produce security drones, satellites in Nigeria
  • Ex-COAS Urges Reforms in Recruitment, Training of Army, Harps on Prioritisation of Troops’ Welfare
  • Prioritise Troops’ Welfare, Mission Over Personal Gain – COAS Charges Army Commanders
  • Home
  • About
  • Adverts
  • Contact
© 2020 PRNigeria. All Rights Reserved.
Latest News
Police Foil Bandit Attacks in Katsina, Rescue Victims as Traditional Leader AbductedRibadu Proposes Reintegration of Military Veterans to Bolster National SecurityDICON, Saudi firm sign MoU to produce security drones, satellites in NigeriaEx-COAS Urges Reforms in Recruitment, Training of Army, Harps on Prioritisation of Troops’ WelfarePrioritise Troops’ Welfare, Mission Over Personal Gain - COAS Charges Army CommandersNigeria's Growth Numbers Tell Only Half the Story By Umar Farouk BalaThe Burden Too Many Nigerian Youths Bear AloneCAC Unveils AI-Powered Registration Portal to Revolutionize Business Registration in NigeriaEmployment: ICPC Secures Conviction of FAAN StaffCustoms Hands Over N172m Worth of Cannabis to NDLEA in Ogun, Commissions 13 New Patrol VehiclesCombating Deepfake Videos: A Fight for Nigeria's Soul By Mukhtar Ya'u MadobiMilitary Foils Terrorists' Bomb Attack, Discovers 56 IEDs on Marte–Dikwa Bridge in BornoNIPR Lauds Nigerian PR Firms for Outstanding Performances at 2025 SABRE Africa AwardsDHQ: How Troops Nabbed Mastermind of NDLEA Commander’s Kidnap in AnambraFederal Lawmakers Endorse PRNigeria Fellowship, Pledge Support for Youth Empowerment
X whatsapp